Intellectual Property Rights, Plant Genetic Resources and International Law: Potential Conflicts and Options for Reconciliation

International Journal of Intellectual Property Management, Vol. 1, No. 4, pp. 277–292, 2007

16 Pages Posted: 20 Jan 2012

See all articles by Megan Bowman

Megan Bowman

King's College London – The Dickson Poon School of Law

Date Written: January 1, 2007

Abstract

This paper analyses the potentially conflictual provisions of the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Convention on Biological Diversity (CBD) pertaining to plant genetic resources and intellectual property rights (IPRs). It concludes that potential conflict between TRIPS and the CBD may be reconciled by remaining true to the over-arching principle of global welfare-maximization in TRIPS and by utilizing patent exemptions in appropriate circumstances. In so doing, consonance may be achieved with the objectives of the CBD in order to ensure appropriate international recognition of IPRs and also conservation and sustainable use of biodiversity.

Keywords: Trade-Related Aspects of Intellectual Property Rights, TRIPS, Convention on Biological Diversity, CBD, plant genetic resources, intellectual property rights, international law, global welfare-maximisation, patent exemptions, biodiversity, biotechnology

JEL Classification: F42, K33, O34, Q32

Suggested Citation

Bowman, Megan, Intellectual Property Rights, Plant Genetic Resources and International Law: Potential Conflicts and Options for Reconciliation (January 1, 2007). International Journal of Intellectual Property Management, Vol. 1, No. 4, pp. 277–292, 2007. Available at SSRN: https://ssrn.com/abstract=1988577

Megan Bowman (Contact Author)

King's College London – The Dickson Poon School of Law ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

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